Your use of any website belonging to the LA Family of Companies (“LA” or “we” or “our” or “us”) is subject to the terms and conditions (“Terms” set forth below. Access to any website belonging to us (“Website”) is an acknowledgement that these Terms, as amended from time to time, have been read and accepted.
These Terms provide that all disputes between you and Us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled “Dispute Resolution/Arbitration” for the details regarding your agreement related to disputes, including to arbitrate any disputes with us.
Unless otherwise noted, the content of sites, design of the Website, its design, and all materials that are part of the Website (collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. Any use of the Contents without our express written consent is strictly prohibited. As to all Contents in which we are the sole copyright owner, we authorize the user to download and reproduce a single printed copy of such content for the user’s own personal use and non-commercial use. All other rights are reserved.
The Contents are intended solely for your personal, noncommercial use. Content copies, downloaded or printed must retain all copyright, trademark, and other proprietary notices. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Contents. Unauthorized use of the Contents is expressly prohibited by law.
For purposes of these Terms, the term “Contents” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the services and all user content (as defined below).
All content added, created, uploaded, submitted, distributed, or posted to the services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all user content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all content, including User Content, accessed by you using the services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
We do not guarantee that any Content you access on or through the services is or will continue to be accurate. We do not imply in any way that the materials on our Websites or the products we discuss are available or are for use outside of the United States, or that we are soliciting business in any state where we do not operate. With respect to insurance purchases you make with our assistance, the document you sign with the provider of the product (e.g. your Mortgage/Deed of Trust or Insurance Policy), not the statements of on any Website, form the contract between you and the company issuing the product.
We do not take payments online; however, third party insurance companies may accept credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by the third party insurance company or other company at the time of purchase online through a link to their Website. You represent and warrant that if you are making online payments to a third party insurance company through the link that
(a) any credit card, debit card and bank account information you supply is true, correct and complete,
(b) charges incurred by you will be honored by your credit/debit card company or bank,
(c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and
(d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
All matters related to the Website, Content, or these Terms shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions.
Rules of Conduct / Prohibited Acts
As a condition of use, you promise not to use the Website for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the use of a Website.
You are prohibited from violating or attempting to violate the security of any Website, including, without limitation, by
(a) accessing data not intended for your use or logging onto a server or an account for which your use or access is not authorized;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) accessing or using any Website or any portion thereof without authorization; or
(d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
You agree not to:
- Use any Website in any way that violates any applicable federal, state, local, or other applicable law or regulation;
- Use any Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose us or them to liability;
- Use any Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Modify, disassemble, reverse compile or reverse engineer any part of the Website;
- Use any manual process to monitor or copy any of the material on the Website;
- Use any device, software, or routine that interferes with the proper working of the Website; or
- Otherwise attempt to interfere with the proper working of the Website.
We may change, suspend, or discontinue the Website, including the availability of any Content for any reason.
In the event access to the Website or a portion thereof is restricted to authorized users by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share with or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Website may be revoked by Us at any time with or without cause.
If you violate any of these Terms, your permission to use any Website and Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- Satisfy any applicable law, regulation, legal process, or governmental request.
- Enforce these Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security, or technical issues.
- Respond to user support requests
- Protect the rights, property, or safety of us, our users, and the public.
Service Availability / Service Limitations
For specific service availability and questions, please contact your nearest LA Family of Companies office (Note: store personnel can also contact a neighboring office to see if services are available). To locate your local LA Family of Companies office, please visit our store locator and the corresponding phone number for the store will be provided.
Disclaimer, Limitation of Liability, and Indemnity
WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT A WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS OR DEFECTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE WEBSITES. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. NEITHER US NOR OUR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITES, OR ANY INFORMATION OR MATERIALS PROVIDED ON OR IN THE WEBSITES. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH A WEBSITE OR ANY MATERIALS ON OR IN A WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LA FAMILY OF COMPANIES, ITS SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO:
- CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR
- DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT.
NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES, WHERE MANDATED BY STATUTE. EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Dispute Resolution / Arbitration
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
A. First, Try to Resolve Disputes and Extended Disputes.
If any controversy, allegation, dispute, or claim arises out of, concerns, or relates to these Terms (collectively, “Dispute”), or to any of the LA Family of Companies’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section (E) (below), then you and we agree to engage in good-faith informal efforts to resolve the Dispute or Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section (A). Your notice to us must be sent via email to: email@example.com. The written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; the date of any communications or occurrence at issue (if any and if available), and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, we and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and us in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or us to resolve the Dispute or Excluded Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section entitled Dispute Resolution/Arbitration are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and us agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act (“FAA”).
B. Binding Arbitration
If you and us cannot resolve a Dispute as set forth in Section (A) (above) within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND US (whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondent superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.
For U.S. residents, the FAA, not state law, shall govern the arbitrability of all Disputes including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. We and you agree, however, that the applicable state, federal or provincial law, as set forth in the Governing Law Section (above), shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Us regarding these Terms or any other type of Dispute described in Section (A), whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to the Section entitled Dispute Resolution/Arbitration” if the parties mutually agree.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of us consent to in writing.
C. Arbitration Process
If after sixty (60) days the informal dispute resolution procedure set forth in Section (A) (above) is unsuccessful in resolving the parties’ Dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.)
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and We will pay the administrative and arbitrator’s fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require us to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.
The arbitrator will render an award within the time frame specified in the Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Disclaimer, Limitation of Liability, and Indemnity” section above as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), we will have the right to recover our attorneys’ fees and expenses. This arbitration provision shall survive termination of these Terms. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: +1 (800) 778.7879 and https://www.adr.org and JAMS: +1 (800) 352.5267 and https://www.jamsadr.com.
D. Limited Time to File Claim
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION (A) ABOVE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable:
E. Injunctive Relief
The foregoing provisions of this Section entitled “Dispute Resolution/Arbitration” will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to our intellectual property rights.
F. No Class Action Matters
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section (B) above to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section (G) below. Notwithstanding any other provision of this Section entitled “Dispute Resolution/Arbitration”, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions. Notwithstanding any other provision of these Terms, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Section entitled “Dispute Resolution/Arbitration” shall be void. If any portion of this Section entitled “Dispute Resolution/Arbitration” other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Section.
G. Jurisdictional Issues
Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state court in Oakland County or in Federal Court in the United States District Court for the Eastern District of Michigan. Accordingly, you and us consent to the exclusive personal jurisdiction and venue of such courts for such matters.
H. Small Claims Matters are Excluded from Arbitration Requirement.
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.
Failure by either party at any time to enforce any of the terms hereof or a breach by the other party shall not constitute a waiver of any of the provisions hereof or of subsequent breaches.
Entire Agreement / Merger & Integration
We reserve the right to make changes to our Websites, policies and these Terms at any time and will provide notice of such changes if or as required by law.
The subject headings of the sections of these Terms are included for convenience only and shall not affect the construction or interpretation of its provisions.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
Please send all questions, comments, and notices regarding these Terms to:
LA Family of Companies
Attn: LEGAL DEPARTMENT
400 Hamilton Row, Ste. 200
Birmingham, MI 48009